Resolved: On balance, the death penalty in the US does more harm than good.
The debate is finished. The distribution of the voting points and the winner are presented below.
After 2 votes and with the same amount of points on both sides...
- Publication date
- Last updated date
- Type
- Standard
- Number of rounds
- 4
- Time for argument
- One day
- Max argument characters
- 10,000
- Voting period
- One month
- Point system
- Multiple criterions
- Voting system
- Open
Resolution: On balance, the death penalty in the US does more harm than good.
Death penalty (from Merriam-Webster): death as a punishment given by a court of law for very serious crimes: capital punishment
The burden of proof is shared. PRO must prove that the death penalty in the US does more harm than good. CON must prove that the death penalty in the US does more good than harm.
Rules:
-No semantic Kritiks
-No personal attacks
-Focus only on the death penalty in the United States
-Forfeits result in the loss of a conduct point, but the debate still continues
-I will be using research from a previous debate. You are welcome to do the same.
Structure:
R1: Constructive arguments (no direct rebuttals)
R2: Rebuttals/defense
R3: Rebuttals/defense
R4: Conclusion (no new arguments)
“Criminals thrive on the indulgence of society's understanding.”
- Henri Ducard (Played by Liam Neeson.) in Batman Begins.
- Capital Punishment is constitutional.
- The Death Penalty keeps stability.
- Execution works as an effective deterrence.
- The Government is obligated to carry out justice.
- Victims’ families need closure.
- Punishment for serious federal crimes came into effect when the Crimes Act of 1790 was signed by George Washington.
- The bombing of Oklahoma City in 1995 took the lives of 168 people. Around 700 were injured, with 20 of them being children. As a result, the Anti-Terrorism and Effective Death Penalty Act had been signed by President Clinton.
- During President Obama’s term, he pushed for the execution of the Boston Marathon bomber as well as the mass murderer, Dylann Roof.
- Notorious serial killer Jeffrey Dahmer was bludgeoned to death on November 28, 1994 by fellow inmate, Christopher Scarver.
- General deterrence refers to a person thinking about committing a serious crime, but then deciding not to, unless they are killed.
- Specific deterrence is the morbid joke/idea that the dead defendant will be unable to harm anyone else.
- Retribution is the eye for an eye. Society has the moral right to deliver punishment to the worst kind of offender.
- Without the Death Penalty, all criminals are treated exactly the same. For the worst kinds of criminals: Rapists, pedophiles, terrorists, mass murderers, and drug dealers. LWOP is simply insufficient.
- If the offender is not put to death, there runs the risk that they will one day be back on the streets. LWOP is not a guarantee because any high-level attorney can sometimes give free passes such as.: Reduced sentence, plea bargain, or removed charge.
- California’s death row inmates took the lives of more than 1,000 people. Can people really feel safe if these killers were not properly dealt with?
- Statistically speaking, 54% of the adults in the US prefer execution for those convicted of murder according to a 2021 survey.
1. Capital Punishment is constitutional.The Government strongly endorses the Death Penalty.
- Punishment for serious federal crimes came into effect when the Crimes Act of 1790 was signed by George Washington.
- The bombing of Oklahoma City in 1995 took the lives of 168 people. Around 700 were injured, with 20 of them being children. As a result, the Anti-Terrorism and Effective Death Penalty Act had been signed by President Clinton.
- During President Obama’s term, he pushed for the execution of the Boston Marathon bomber as well as the mass murderer, Dylann Roof.
2. The Death Penalty keeps stability.Removing the Death Penalty causes violence.It stands to reason that removing the Death Penalty would shake the people’s faith in the system’s ability to carry out justice. Consequently, this leads to mob mentalities and vigilantism.
- Notorious serial killer Jeffrey Dahmer was bludgeoned to death on November 28, 1994 by fellow inmate, Christopher Scarver.
The belief that the government will hold perpetrators accountable for their actions is what stops avengers from taking the law into their own hands in the name of justice.Fictional character, Clyde Shelton, became a murderer himself who sought to punish the men that killed his family and got away with it. While movies rarely represent real life, the lesson behind this story is still valid.
3. Execution is an effective deterrence.There are three types of deterrence.
- General deterrence refers to a person thinking about committing a serious crime, but then deciding not to, unless they are killed.
- Specific deterrence is the morbid joke/idea that the dead defendant will be unable to harm anyone else.
- Retribution is the eye for an eye. Society has the moral right to deliver punishment to the worst kind of offender.
- General deterrence: Most murders are committed with little thought for the consequences – an obvious fact, since anyone thinking of them wouldn’t commit a murder. As such, no amount of extreme punishment is likely to have a deterrent effect. See argument IV.2.A from my opening speech for more specific evidence.
- Specific deterrence: Life without parole serves the same purpose, while being cheaper, more humane, and allowing innocent people to later be released.
- Retribution: Justice should be forward-looking (rehabilitation, deterrence) rather than backwards-looking (punishment, retaliation). We, as a society, should move on from the ancient “eye for an eye” philosophy. We don’t burn arsonists’ homes down, nor rape rapists. A heinous crime is not an excuse for a systemic violation of human rights.
4. The Government has an obligation to deliver justice.Repealing the Death Penalty is morally reprehensible and constitutionally offensive.
- Without the Death Penalty, all criminals are treated exactly the same. For the worst kinds of criminals: Rapists, pedophiles, terrorists, mass murderers, and drug dealers. LWOP is simply insufficient.
- If the offender is not put to death, there runs the risk that they will one day be back on the streets. LWOP is not a guarantee because any high-level attorney can sometimes give free passes such as.: Reduced sentence, plea bargain, or removed charge.
- Reduced sentence: In any case where the crime is serious enough that the prosecutor pushes for the death penalty, then life without parole is virtually at least guaranteed. Thus, a reduced sentence is irrelevant.
- Plea bargain: If a prosecutor goes for a plea bargain, then obviously, they’re not seeking the death penalty anyway. Thus, a plea bargain is irrelevant.
- Removed charge: If the charge is removed, then neither prison nor the death penalty is happening. Thus, a removed charge is irrelevant.
5. Victims’ families deserve closure.The death of any person is a tragedy that causes long-term trauma to the families and friends of the victim. The execution of the offender brings them the comfort that they need and removes the fear that the individual will not be back on the streets to cause harm to other people.The DP in this case allows families to move on from the incident.
- California’s death row inmates took the lives of more than 1,000 people. Can people really feel safe if these killers were not properly dealt with?
- Statistically speaking, 54% of the adults in the US prefer execution for those convicted of murder according to a 2021 survey.
“Obviously, extraordinary claims require extraordinary evidence, which is why I will rely on a variety of peer-reviewed, published, criminal justice studies in order to support my claim.According to a study published in the Harvard Law Review, in Georgia, people who are accused of killing white victims are 17 times more likely to be convicted than people accused of killing Black people. [3]Furthermore, according to the DPIC, in 96% of states studied, there was evidence of racial bias in death penalty sentencing. [4]Justice is supposed to be color-blind, and this is even more important when it comes to irreversible punishments like the death penalty. Unfortunately, as shown above, practice has shown this is not the case.”
“One of the most widely cited justifications for the death penalty is its alleged effectiveness in reducing crime. I will aim to prove that this is a false and baseless assertion.Most murders are committed with little thought for the consequences – an obvious fact, since anyone thinking of them wouldn’t commit a murder. As such, no amount of extreme punishment is likely to have a deterrent effect. “
“According to the New York Times, “during the last 20 years, the homicide rate in states with the death penalty has been 48 percent to 101 percent higher than in states without the death penalty.” [7]It is true that confounding factors that vary state-by-state might affect the homicide rate. However, according to Steve Messner, an accredited criminologist, “Whatever the factors are that affect change in homicide rates, they don’t seem to operate differently based on the presence or absence of the death penalty in a state.” [7] “
- At the time, Smithey was sentenced to life without the possibility of parole. According to the law at the time she was sentenced, only the governor could grant her clemency.
- https://www.abcnews.com
“Second of all, death penalty cases have a long and lengthy appeal process, which can bring trauma to both the accused’s and victim’s family. Far from bringing peace and closure, this process, which can take several decades, only opens old wounds.Third of all, every case of an innocent person being executed fundamentally undermines faith in our judicial system – it sets a dangerous and worrying precedent.”
- 1: Countered morality argument, demonstrated how the death penalty wait is crueler than LWOP
- 2: Noted the irrelevance of opponent’s argument, pointed out how money saved could be used to counter racism
- 3: Reaffirmed my point, which my opponent did not directly counter
- 4: Showed why the death penalty does not deter crime, and why my sources are more reliable
- 5: Opponent concession
- 6: Showed why my opponent’s arguments are insufficient and fail to address my main arguments
- The Death Penalty is about vengeance.
“Again, we have a split over whether the criminal justice system should be forward-looking or backward-looking. There is no legitimate deterrent value in the death penalty, then the death penalty is administered out of a desire for revenge. Accountability implies some meaningful impact the death penalty has on the future, which it does not.Additionally, the death penalty is “stooping to the offender’s level.” Why should the government have the special power to end life? All that its teaching is that state-sanctioned homicide is acceptable. “
“There is a huge difference between waiting on death row before execution and LWOP.First, my opponent ignores the fact that isolation, typical for death row inmates, has serious effects on mental health. According to a report from the ACLU, prisoners are kept in solitary confinement, often in tiny cells, for decades. [1] They are also deprived of human interaction and religious studies, factors that have been shown to have a positive effect on inmates. This violates international human rights norms, as proven by the DPIC. [2]Second, this wait, facing a fate of execution at an unknown time, proves to be inhumane. The European Court of Human Rights ruled that a long period of waiting before execution violates the European Convention on Human rights (this applies to the US, since it was regarding an extradition case). [2] “
The only thing that matters is this is a peer-reviewed study published in a reputable journal, that came to the conclusion that 4.1% of prisoners on death row are innocent.Permanent incarceration gives the opportunity to prove innocence later on. Far more humane than the death penalty.”
“A meta-review of Isaac Ehrlich’s study, published in a criminology journal, found that “flawed techniques used to analyze data yielded unreliable results.” Ehrlich’s study is based on “an underlying microeconomic theory which holds that homicide is a maximization of personal utility by those who commit the crime.” This was proven false – homicides rarely result in maximal benefit for those committing the crime. [4] More studies, like the one I linked, show the death penalty has no deterrent effect.My opponent mentions, “there is the possibility the governor overturns this conviction and releases this dangerous person back into society.”I object to scaremongering: The governor can't overturn a conviction. Secondly, the governor wouldn’t release a dangerous person back into society. Parole is based on careful considerations, which is the chance of reoffending.”
“You shall find in many circumstances that LWOP is worse than death row and those arguing that ending their life is inhumane do not care about their living conditions.Crimes that get you LWOP will lead you to a prison where you are surrounded by dangerous people that will make your life hell.”
“I also quote my point from earlier that, “There is no concrete evidence that proves an innocent has been executed since 1900 in the United States.”My opponent has also opted to ignore my very valid point that only “32 of around 7,200 cases claimed actual innocence.”
- Proven the need for the DP and demonstrated how the latter is worse with a corroborating testimony from a convict who received LWOP.
- Showed that most wrongful convictions go overturned and that institutionalized racism will still exist in sentencing even if we abolish the DP.
- My opponent was exaggerating the accuracy of his claims.
- LWOP is not a guarantee. The governor can overturn a conviction and let this dangerous person back into society. I demonstrate proof for this.
- The risk of an innocent person being executed is low.
- My opponent contradicts his earlier statements about how the DP does not deter crime.
- First-degree murderers
- Serving life without parole
- Pardoned by a governor
- Reoffend at a statistically significant rate
- Proven the need for the DP and demonstrated how the latter is worse with a corroborating testimony from a convict who received LWOP.
- Showed that most wrongful convictions go overturned and that institutionalized racism will still exist in sentencing even if we abolish the DP.
- My opponent was exaggerating the accuracy of his claims.
- LWOP is not a guarantee. The governor can overturn a conviction and let this dangerous person back into society. I demonstrate proof for this.
- The risk of an innocent person being executed is low.
- My opponent contradicts his earlier statements about how the DP does not deter crime.
- Immoral: Contested, but on balance, leaning towards PRO.
- Racist: Directly uncontested, with opponent trying an irrelevant argument not addressing my point.
- Innocence: Contested, but the statistics are on my side.
- Deterrence: Ignored, after I showed why my studies regarding deterrence were more reliable. Vigilantism argument was irrelevant and unsourced.
- Cost: Conceded by opponent.
- Justice: Contested, but on balance, leaning towards PRO.
- Constitutional: Uncontested but deemed irrelevant. I showed how the constitutionality of the death penalty is irrelevant to the debate.
- Stability: Contested, and unproven. My opponent has talked about vigilantism, but offered no proof that it will happen in significant numbers.
- Deterrence: See above.
- Justice: See above.
- Closure: Reversed by me, after I showed how the decades-long appeal process can be deeply traumatizing.
“When the debate is lost, slander becomes the tool of the loser.”
“Unlike death penalty cases, however, LWOP sentences receive no special consideration on appeal, which limits the possibility they will be reduced or reversed. A person sentenced to die in prison receives only one automatic appeal, not several, and is not provided any court-appointed attorneys after this appeal is complete, usually within two years of the initial sentence.”
- Proved that the DP is constitutional and demonstrated the need for it.
- Countered my opponent’s claims about racial sentencing by showing his problems are with institutionalized racism in sentencing, not the DP.
- Showed that LWOP is worse than the DP.
- Demonstrated that the DP is necessary for Justice.
"likely innocent" you kept forgetting the "likely" which you conceded anyways in the debate when you went on about how Innocence is impossible to prove.
I look forward to the vote - thanks in advance.
"then it stands to reason only guilty people get the death penalty anyways"
I'm pretty sure I refuted that with my 4.1% statistic - as far as I'm aware, CON failed to counter that.
I may well vote on this then.
I will give it a proper read later on and vote in the next day.
I see what you're saying, but you're arguing against extra trials to prevent innocent convictions in that process.
You say you want to improve LWOP trials, but you didn't really explain how in the rebuttals. In fewer innocent people are given the death penalty due to the many trials, then it stands to reason only guilty people get the death penalty anyways, and what is wrong with that?
LWOP is also torture for the inmate, a removal of their rights, and if we draw out the legal process for LWOP, it's still the same trauma to the family anyways.
I see where you're coming from. I am against the death penalty myself. But for those reasons I had to vote CON.
I see where you're coming from. However, my overall stance, throughout the debate from R1-R3, was simply:
-A death penalty case inherently requires more appeals and a longer process
-More appeals and a longer process causes trauma to the victim's family
-Hence, the death penalty is undesirable
-LWOP causes less trauma to the victim's family
-Hence, LWOP is more desirable than the death penalty
-LWOP (and the justice system) is flawed
-The death penalty wastes money
-The money can be used to improve the LWOP trial process
So I don't really see any internal contradiction. Anyway, I'm not asking for you to change your vote, just trying to set the record straight. Thanks for your time and consideration.
So, you agreed the many retrials prevented innocent deaths from occurring and then said this is bad because it brings trauma to the family.
This is why I handed it to CON, because sending innocent people to their death was precisely an argument you gave against the death penalty in your initial round, and LWOP actually has the potentiality to do just that in a much larger number since there are significantly fewer retrials. They basically just await their death in prisons, as CON pointed out, which you dropped completely.
When you said:
"Second of all, death penalty cases have a long and lengthy appeal process, which can bring trauma to both the accused’s and victim’s family. Far from bringing peace and closure, this process, which can take several decades, only opens old wounds."
In your R1.
And here:
"Reversed. The death penalty does not bring closure to a victim’s family; instead, it does the opposite. Death penalty cases have a long and lengthy appeals process to minimize innocent convictions. This process can take several decades. These are several decades in which the victim’s family has to relive the trauma over and over again."
You then quote a judge that wished she didn't hand out death penalties because of the many retrials that followed which caused trauma for the families as an argument for LWOP, which doesn't have these extra trials.
To me it seemed pretty clear you were against the idea of additional trials to prevent death penalties from being given out willy nilly. In fact it really seemed like you believed that LWOP is better precisely because it DOESN'T have extra trials.
Thanks for the vote - I appreciate the feedback.
One objection though - where exactly did I say that I "wanted to do away with all those useless trials, which make it more difficult to murder an innocent person."
I checked my arguments, so I'm a little bit confused where that came from.
I have voted. Both sides brought up great points, but the debate really devolved by the time R4 showed up.
Thank you for the vote!
that doesn't change style and tactics much, the shared BoP solely stops Con going 'oh there are equal drawbacks and gains' which Con should avoid anyway.
"I am a very destructive debater, my skill is in destroying my enemies and crippling them more than building my own case brilliantly."
Shared burden of proof moment
I challenged you, check notifications and read the description. :)
I accept you underestimating me as it's earned. However, you should be warned that my 'skill' is more than you may assume. I am a very destructive debater, my skill is in destroying my enemies and crippling them more than building my own case brilliantly. I will use your Round 1 to frame my own and then destroy you from there as brutally as you did me when I was Con and as you did Lancelot here (I skimread it, I reckon you won and may vote later on as in with 1 day left or something).
It will be hard not to accidentally copy you, you write the points well so I probably will lose by plagiarism issues.
Are you saying you actually think you can beat your Round 1 if the person plays the later Rounds correctly? There is literally no leeway.
I'd bet 3-1 I could win this as CON against you
Con on this topic is unwinnable, it's rigged if Pro argues it correctly because Con cannot leverage things against the fact that DP has drawbacks, since DP is such an edge case and doesn't really reduce crime due to the limitations on its enforcement (by design).
Glad you both appreciated it.
Thank you for the excellent vote.
I read through the vote in the doc and found it both detailed and insightful.
I will vote on this when I get voting privileges.
Bump for a vote
Care to add a vote? Thx in advance.
My bad then.
A fair vote would be appreciated - thx in advance.
Look, I was sort of annoyed last night after spending 20 minutes manually going through every single link you provided in the sources, and not finding anything related to the statistic.
I apologize for threatening to accuse misconduct - I was annoyed and thinking you were making up evidence, especially after I spent another 10 minutes searching the web for "32 innocence", "32 claimed innocence", "death penalty 32", "32 7000 death penalty", etc, and finding absolutely nothing.
I wanted to try and settle it in the comments peacefully, since I'm interested in having an actual debate regarding the death penalty, not an argument over who has better sources. I would always prefer to look at your source and genuinely refute it, rather than just saying it doesn't exist at all.
After having a dinner to think about it, I decided to try and assume good faith instead when writing my final argument - perhaps you had simply missed an important source and didn't see my comments, which is what actually happened.
Anyway, this is my attempt to explain what happened, and apologize for what you might have seen as "bluffy" or "obnoxious" behavior - I assure you this was not the case.
I'm not entirely sure what you were trying to accomplish with this.
It's one thing to say I didn't provide a source, it's another to deliberately try and find fault by alleging misconduct, and then walk it back at the same time.
Incredible.
In retrospect, I have to agree with your advice - I appreciate it, and will remember it in the future. I don't really think it'll change much though, since my opponent probably didn't see it anyway.
No one blames you if the opponent doesn't give his sources, and no one other than the ranking system blames the opponent for failing to provide any sources.
Well, I am not trying to scold you, but in doing so, you haven't restored as much faith as the potential loss you have caused due to you enabling the opponent a headstart going into a new round.
Hey Sir.Lancelot, thanks for the excellent debate - I wanted to add a short conclusion, but I ran out of characters. Overall, I think you had good arguments, but some of them didn't have enough relevance to the resolution, or significantly measurable impact - I admit that I was a bit guilty of that as well. Nevertheless, I enjoyed this interesting discussion regarding the death penalty - I have a feeling neither of us will change our minds, but perhaps some voters will.
P.S. sorry for the spam notifs.
Yes, that's a fair point - I'm trying to assume good faith, however.
#10(and #14) is an active attempt at weakening the relative strength of your arguments. You don't want your opponent to back anything outside the confinements of the rounds if you aren't going to do the same.
Last warning before I formally accuse you of poor conduct in my R4 argument
I know you're online, please respond to comment #10
Given that no executions of death penalty are being made currently, the Pro position is heavily limited by including "does".
Friendly tag, last chance for mutual clarification before I put up my argument
Do you have a source for "32 of around 7,200 cases claimed actual innocence"? I checked the DPCI link you provided, but found no relevant figures supporting your claim.
No worries, it looks great!
Apologies for the slightly messy style of writing, I had to type it up in 30 min or so because of a busy day.
That's a valid strategy, but keep in mind that you might get squished by the character limit if you try to rebut my responses from both R2 and R3.
Forgive me for not acknowledging your rebuttals in Round 2. I was keeping my response brief, so you didn’t get annoyed with the length of the response.
In Round 3, I’ll focus specifically on your rebuttals from Rounds 2&3.
The problem is that you can't prove the 'good' without proving prison more bad or something and that is just too difficult because DP is directly dedicated to the most deranged criminals that don't react sanely to deterrance.
Awesome
Sure, I made it an open challenge for a reason.
May I accept?
I had similar discussions about this particular subject on Reddit. Though, I don’t know how much my actual insight will pan out as a whole.
Up for a rematch?